Intermittent FMLA coming in late

[Guest flben]

We are located in Florida and we are at a site that is subject to FMLA.

We work in a call center and we have 3 scheduled arrival times. 8 am, 9:30 am and 11 am. We have an employee who works the 8 am shift and has a sick child (that she applied and was approved for intermittent fmla for). Because of the child, she is late most everyday (as in hours late). Because the department needs someone there first thing in the morning they would like to switch her to a later schedule (which she won't like).

I don't feel comfortable with them changing the schedule because she is late for a reason that is covered under the FMLA. If they change her schedule then she has to work later which she doesn't have to do now.

Any thoughts?

Thanks

I'm not sure they can do this. She was approved for intermittent leave to care for

[oriecat]

These parts of the Regs might be useful to you:

http://www.dol.gov/dol/allcfr/ESA/Title_29...9CFR825.203.htm

http://www.dol.gov/dol/allcfr/ESA/Title_29...9CFR825.204.htm

[masteff]

In the regs that oriecat gave links to... 204(d) is a something to watch out for in your scenario.

Question: The need was documented for the employee to arrive to work at a later time. Was any accessment made of when the employee needs to return home at the end of day to care for the child? Suppose the employee was transferred to the 11am shift, can you state whether or not the employee needs to return home at a specific time which might cut the 11am shift short on a regular basis? If the employee was on the "11am shift" but left at 5pm, would management have the same reaction about the end of the day not being fully staffed as they currently are having about the mornings?

Management needs to look past their shifts and quotas and realize the employee was approved for a modified work schedule. They need to let go of the notion that she "should be" starting at 8am but isn't.

Are there other positions to which the employee could be temporarily reassigned (w/in the restrictions of the regs)?

[Sheila K]

I agree with masteff. Make the accomodation a later start time, with the same end time and count those hours as part of her FMLA leave. If she should start at 8, but now starts at 11, then that's 3 hours of FMLA leave each day??? Seems reasonable (although I know this intermittent stuff isn't always 'reasonable' nor intuitive!!!)